Camacho v. Johnson

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 MARIO CAMACHO, Case No. 3:20-cv-00488-RCJ-WGC 5 Petitioner, v. 7 WILLIAM GITTERE, et al., 8 Respondents. 9

10 11 12 This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, 13 by Mario Camacho, a Nevada prisoner. On August 26, 2020, the Court received from 14 Camacho, for filing, a Petition for Writ of Habeas Corpus (ECF No. 1-1), a Motion for 15 Appointment of Counsel (ECF No. 1-2), and an Application to Proceed in Forma 16 Pauperis (ECF No. 1). On August 31, 2020, Camacho filed a further Application to 17 Proceed in Forma Pauperis (ECF No. 4) and a further Motion for Appointment of 18 Counsel (ECF No. 5). 19 The financial certificate filed by Camacho with his second Application to Proceed 20 in Forma Pauperis (ECF No. 4) shows that he is able to pay the $5 filing fee for this 21 action. The Court will, therefore, deny the Applications to Proceed in Forma Pauperis 22 and will require Camacho to pay the filing fee. The requirement that Camacho must pay 23 the filing fee will be suspended, however, until after counsel appears for Camacho. 24 Prisoners applying for habeas corpus relief are not entitled to appointed counsel 25 unless the circumstances indicate that appointed counsel is necessary to prevent due 26 process violations. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing Kreiling 27 v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). The court may, however, 1 See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; Chaney, 2 801 F.2d at 1196. The Court finds that this case will likely be too complex for Camacho 3 to litigate pro se, and that appointment of counsel is in the interests of justice. The Court 4 will grant Camacho’s Motions for Appointment of Counsel (ECF Nos. 1-2 and 5). 5 The Court has examined Camacho’s petition, pursuant to Rule 4 of the Rules 6 Governing Section 2254 Cases in the United States District Courts and determines that 7 it merits service upon the respondents. The Court will order the petition served upon the 8 respondents, and will direct the respondents to appear, but will not require any further 9 action on the part of the respondents at this time. 10 IT IS THEREFORE ORDERED that the Clerk of the Court shall separately file 11 the Petition for Writ of Habeas Corpus (ECF No. 1-1) and the petitioner’s first Motion for 12 Appointment of Counsel (ECF No. 1-2). 13 IT IS FURTHER ORDERED that the Applications to Proceed in Forma Pauperis 14 (ECF Nos. 1 and 4) are DENIED. The Court will set a deadline for payment of the filing 15 fee after counsel appears for the petitioner. 16 IT IS FURTHER ORDERED that Petitioner’s Motions for Appointment of Counsel 17 (ECF Nos. 1-2 and 5) are GRANTED. The Federal Public Defender for the District of 18 Nevada (FPD) is appointed to represent the petitioner. If the FPD is unable to represent 19 the petitioner, because of a conflict of interest or for any other reason, alternate counsel 20 will be appointed. In either case, counsel will represent the petitioner in all federal court 21 proceedings relating to this matter, unless allowed to withdraw. 22 IT IS FURTHER ORDERED that the Clerk of the Court shall electronically serve 23 upon the FPD a copy of this order, together with a copy of the Petition for Writ of 24 Habeas Corpus (ECF No. 1-1). 25 IT IS FURTHER ORDERED that the FPD will have 30 days from the date of this 26 order to file a notice of appearance, or to indicate to the Court its inability to represent 27 the petitioner in this case. 1 IT IS FURTHER ORDERED that the Clerk of the Court shall add Aaron Ford, 2 || Attorney General of the State of Nevada, as counsel for the respondents. 3 IT IS FURTHER ORDERED that the Clerk of the Court shall electronically serve 4 || upon the respondents a copy of the Petition for Writ of Habeas Corpus (ECF No. 1-1), 5 || and a copy of this order. 6 IT IS FURTHER ORDERED that the respondents will have 30 days from the date 7 || of this order to appear in this action. Respondents will not be required to respond to the 8 || habeas petition at this time. 9 10 DATED THIS 20th day of October, 2020. 11 Lo Vane 13 UNITED STA" DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28